HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.2027 of 2023
ORDER:
1. Heard Sri C.Vikram Chandra, learned counsel for the petitioner as well as the learned Additional Public Prosecutor who is representing the Respondent-State.
2. Seeking pre-arrest bail, the present Criminal Petition is filed under Section 438 Cr.P.C. on behalf of the petitioner, who is arrayed as Accused No.1 in Crime No.509 of 2022 of Korutla Police Station, Jagtial District.
3. Stating that the petitioner is innocent, learned counsel for the petitioner contends that except the alleged confessional statement of Accused No.2, there is no incriminating material that is collected by the investigating agency and even the said confessional statement of the co-accused is invalid in the eye of law as per the judgment of the Hon'ble Apex Court in the case of Tofan Singh Vs.State of Tamil Nadu1 and therefore, the petitioner is entitled for anticipatory bail.
1 (2013)16 SCC 31 2 Dr.CSL,J Crl.P.No.2027 of 2023
4. On the other hand, the submission of the learned Additional Public Prosecutor is that the petitioner, along with other accused, conspired together and misappropriated huge sum and the amount misappropriated by the petitioner along with Accused No.2 is Rs.72,00,000/- and the investigation is still in progress and therefore, the petitioner is not entitled for the relief claimed.
5. In reply to the said submission, learned counsel for the petitioner contends that the concerned Police are under obligation to follow Section 41-A Cr.P.C. and the guidelines issued by the Hon'ble Apex Court in the case between Arnesh Kumar Vs.State of Bihar & Anr.2.
6. The allegation that is levelled against the petitioner is that the petitioner, along with Accused No.2, conspired together and misappropriated a sum of Rs.72,00,000/-. The said amount was sanctioned in the name of Self Help Group's. Also, so far as the amount of Rs.10,00,000/- which is the subject matter of the complaint given by the defacto complainant is concerned, the cheque in question was presented in the Bank by the petitioner and obtained cash of Rs.9,55,000/-. Also, as per the investigation done, the entire 2 (2014) 8 SCC 273 3 Dr.CSL,J Crl.P.No.2027 of 2023 transaction between the accused and the concerned Banks was done in the form of liquid cash. The submission of the learned Additional Public Prosecutor, as earlier indicated, is that the investigation is still pending.
7. Having regard to the gravity in the allegations levelled, this Court is of the view that the request of the petitioner cannot be honoured.
8. Resultantly, the Criminal Petition stands dismissed. However, the Station House Officer, Korutla Police Station/Investigating Officer is directed to follow Section 41-A Cr.P.C. and the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs.State of Bihar & Anr in case such guidelines are required to be followed having regard to the offences alleged to have been committed by the petitioner.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date:10.03.2023 ysk 4 Dr.CSL,J Crl.P.No.2027 of 2023 HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.2027 of 2023 Date:10.03.2023 ysk 5 Dr.CSL,J Crl.P.No.2027 of 2023